finding of fact


finding of fact
Determinations from the evidence of a case, either by court or an administrative agency, concerning facts averred by one party and denied by another. Kozsdiy v. O'Falton Bd. of Fire and Police Com'rs, 31 Ill.App.3d 173, 334 N.E.2d 325, 329. A determination of a fact by the court, averred by one party and denied by the other, and founded on evidence in case. C.I.T. Corp. v. Elliott, 66 Idaho 384, 159 P.2d 891, 897. A conclusion by way of reasonable inference from the evidence. Welfare of Carpenter, 21 Wash.App. 814, 587 P.2d 588, 592. Also the answer of the jury to a specific interrogatory propounded to them as to the existence or non-existence of a fact in issue. Conclusion drawn by trial court from facts without exercise of legal judgment
Findings of fact shall not be set aside unless clearly erroneous. Fed.R. Civil P. 52(a). The court may amend, or make additional findings, on motion of a party. Fed.R.Civil P. 52(b).
A general finding by a court is a general statement that the facts are in favor of a party or entitle him to judgment. It is a complete determination of all matters, and is a finding of every special thing necessary to be found to sustain the general finding. A special finding is a specific setting forth of the ultimate facts established by the evidence and which are determinative of the judgment which must be given. It is only a determination of the ultimate facts on which the law must be determined. A special finding may also be said to be one limited to the fact issue submitted

Black's law dictionary. . 1990.

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  • finding of fact — see finding Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. finding of fact n …   Law dictionary

  • Finding of fact — Das finding of fact bezeichnet im Strafprozess der Vereinigten Staaten das Vorgehen im Zwischenverfahren der dreiteiligen Verfahrensordnung aus Ermittlungsverfahren, Erkenntnisverfahren und Strafverfahren. Ein solches Zwischenverfahren ist im… …   Deutsch Wikipedia

  • finding of fact — Determinations from the evidence of a case, either by court or an administrative agency, concerning facts averred by one party and denied by another. Kozsdiy v. O Falton Bd. of Fire and Police Com rs, 31 Ill.App.3d 173, 334 N.E.2d 325, 329. A… …   Black's law dictionary

  • finding of fact — The result of reasoning from the evidentiary facts. Greenbeig v Lee, 196 Or 157, 248 P2d 324, 35 ALR2d 567. A conclusion drawn by the trial court from the facts without the exercise of legal judgment. 53 Am J1st Trial § 1132. A written statement… …   Ballentine's law dictionary

  • finding of fact — noun (law) the findings of a jury on issues of fact submitted to it for decision; can be used in formulating a judgment • Syn: ↑verdict • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑finding …   Useful english dictionary

  • finding — find·ing n: a determination resulting from judicial or administrative examination or inquiry (as at trial) esp. into matters of fact as embodied in the verdict of a jury or decision of a court, referee, or administrative body or officer; also,… …   Law dictionary

  • fact-finding — [fakt′fīn΄diŋ] n. the gathering of information; specif., preliminary research to gather facts for a later, full investigation, hearing, etc. adj. of, resulting from, or for the purpose of such research [a fact finding trip prior to a… …   Universalium

  • fact — n [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1: something that has actual existence: a matter of objective reality 2: any of the circumstances of a case that exist or are… …   Law dictionary

  • fact-finding — fact .finding adj fact finding trip/visit/mission etc an official trip, visit etc during which you try to find out facts and information about something for your organization, government etc …   Dictionary of contemporary English

  • fact-finding — adjective designed to find information or ascertain facts a fact finding committee investigative reporting • Syn: ↑investigative, ↑investigatory • Similar to: ↑inquiring • Derivationally related …   Useful english dictionary